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Apr 20, 2013
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people thought he should have been not given a miranda warning. it turned out he was questioned for a time and then given his miranda warning and the police said he kept talking. they used it as a textbook example. this will remain a controversial decision. it is the stated policy of the obama administration to take anyone like this who creates a crime in the united states and treat them in the regular civilian justice system. they will take him away. when the appropriate time comes, begin to question him. >> pete, i got an e-mail using a term of art in law enforcement. somebody said, remember, this is a federal show. >> meaning the fbi is in charge. we have already heard some members of the senate say this person should be declared an enemy combatant, not given miranda warning and should be subject to a military-style interrogation. the obama administration will never go for that. they believe suspects who commit crimes here should be treated in the criminal justice system. that's what they will intend to do. >> michael leiter who was, among othe
people thought he should have been not given a miranda warning. it turned out he was questioned for a time and then given his miranda warning and the police said he kept talking. they used it as a textbook example. this will remain a controversial decision. it is the stated policy of the obama administration to take anyone like this who creates a crime in the united states and treat them in the regular civilian justice system. they will take him away. when the appropriate time comes, begin to...
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Apr 21, 2013
04/13
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he may have been read his miranda rights by a judge as early as tomorrow. the republican lawmakers, of course, say the public safety exception doesn't go far enough, that he should be treated as an enemy combatant. we do not want this suspect to have the right to remain silent. here is a little bit more about what they said. i'll put this graphic up on the screen. this is from a statement released by those republican lawmakers who say we have concerns limiting this investigation to 48 hours and exclusively relying on the public safety exception of miranda could very well be a national security mistake, they call it. they could severely limit our ability to gather critical information about future attacks from this suspect. alex? >> okay. thank you for that latest from the white house, peter alexander. >>> some staggering numbers associated with the world's biggest marathon and a massive security effort trying to prevent another attack. we have a live report next. >>> and boston strong, some poignant and defiant moments as the city returns to life. [ male an
he may have been read his miranda rights by a judge as early as tomorrow. the republican lawmakers, of course, say the public safety exception doesn't go far enough, that he should be treated as an enemy combatant. we do not want this suspect to have the right to remain silent. here is a little bit more about what they said. i'll put this graphic up on the screen. this is from a statement released by those republican lawmakers who say we have concerns limiting this investigation to 48 hours and...
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Apr 23, 2013
04/13
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not just miranda. it's miranda, it's the engagement of lawyers and it's an entirely different scenario. do you think we will have trouble prosecuting this guy? >> of course not. we don't need his confession. >> why didn't we wait? >> wait, wait. >> that would have been completely lawless. don't blame the justice department -- >> wait, you just said it was an act of terror. >> of course. >> and a crime. >> and you can still prosecute later, but in the meantime before you offer miranda rights, get some of america's best interrogators in there and you find out what this guy knows. is he connected to a larger cell? are there pending attacks? are there foreign links? where did the training come from? how did you learn to make the bombs? basic simple questions this we need to know because the safety and security of the american people in this case i think are paramount. >> sean, do you know who gave him his miranda rights? >> i don't know exactly who but we were told he was. >> a federal judge, a magistrate
not just miranda. it's miranda, it's the engagement of lawyers and it's an entirely different scenario. do you think we will have trouble prosecuting this guy? >> of course not. we don't need his confession. >> why didn't we wait? >> wait, wait. >> that would have been completely lawless. don't blame the justice department -- >> wait, you just said it was an act of terror. >> of course. >> and a crime. >> and you can still prosecute later, but in...
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Apr 20, 2013
04/13
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. >> already this row about whether he should have been read his so-called miranda hospital rights. it really underlines the kind of scrutiny this trial is going to be subjected to once it's underway. ,> the scrutiny for the trial but also the scrutiny of the investigation up to this point. people will be wanting to know why the fbi interviewed the older brother in 2011 at the request of the russian government, who were concerned about his links to chechen separatists. at that point they came back and said there was nothing to worry about. ,s president barack obama said they have to find out why two young men who came to this country 10 years ago, who studied here and seem to be part of the fabric of society then suddenly decided to do what they did. who perhaps radicalize them, who guided them? was there someone dictating what they do? ity people leave -- believe is too disillusioned people -- two disillusioned young man working on their own. they will not get a chance to speak to him for the next few days at least. >> thank you. david has a bit more. ,his is the capital of dagesta
. >> already this row about whether he should have been read his so-called miranda hospital rights. it really underlines the kind of scrutiny this trial is going to be subjected to once it's underway. ,> the scrutiny for the trial but also the scrutiny of the investigation up to this point. people will be wanting to know why the fbi interviewed the older brother in 2011 at the request of the russian government, who were concerned about his links to chechen separatists. at that point...
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Apr 20, 2013
04/13
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. >> no miranda warning? >> it is a federal issue somebody else can explain that. >> there was no miranda warning given can we have an explanation? >> there is a public safety exemption with cases of national security with federal charges with an act of terrorism so the government has the opportunity right now so i believe the suspect has been taken to a hospital. thank you. >> is there a federal death penalty? >> i indicated earlier this is an active and ongoing investigation we will be reviewing all of the evidence before that decision is made in terms of whether or not to seek the death penalty. you review all of the evidence and it is a thoughtful, long process that is engaged and the attorney general of the department of justice that makes the final decision. >> can you tell us what happens at the scene was the moving around? how did you know, ? >> we know he did not go straight to the boat. when we set up the perimeter with the best intentions with a lot of information and finding blood in the car , beh
. >> no miranda warning? >> it is a federal issue somebody else can explain that. >> there was no miranda warning given can we have an explanation? >> there is a public safety exemption with cases of national security with federal charges with an act of terrorism so the government has the opportunity right now so i believe the suspect has been taken to a hospital. thank you. >> is there a federal death penalty? >> i indicated earlier this is an active and...
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Apr 20, 2013
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in terms of what he is waiting for from his miranda. you know it from "law and order." you have the right to remain silent. you have the right to consult an attorney before speaking to the police. if you cannot afford an attorney one will be appointed for you before any questions if you wish. if you decide to answer any questions without an attorney you will still have the right to stop answering. are you willing to answer my questions without an attorney present? it's not always exactly like that and in the movies the person saying it usually has a much cooler accent but that's pretty much the idea. your statements are only admissible in court if they come after you've been told that list of things about your rights. there is a public safety exception for questions that just had to be asked of you urgently for legitimate public safety need even if those questions came before you got read the miranda. the obama administration has extended the reach of that public safety exemption so it can last longer to attend to the public safety threats that could accrue in terrorism
in terms of what he is waiting for from his miranda. you know it from "law and order." you have the right to remain silent. you have the right to consult an attorney before speaking to the police. if you cannot afford an attorney one will be appointed for you before any questions if you wish. if you decide to answer any questions without an attorney you will still have the right to stop answering. are you willing to answer my questions without an attorney present? it's not always...
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Apr 21, 2013
04/13
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the united states attorney's office advised us not to administer miranda rights. we gave that information out to our officers and i think all law enforcement was operating under those rules of engagement. >> back to the apartment real quickly. there were devices found in the apartment but you can't comment on what? >> no, i didn't say that. i can't comment on any evidence that was found there. sglp anything that was found in the apartment. are you confident that these two were acting alone and that there are no more suspects out there? >> i'm confident that they were the two major actors in the violence that occurred. i am very, very sure that during this thorough investigation we'll get to the bottom of the whole plot. that's all i can say right now. i told the people of boston that they can rest easily. the two people who were committing these vicious attacks are either dead or in custody. we cleared dozens of packages that had been dropped by people fleeing the scene. so everything was treated suspiciously. in a situation like this, bombers often target first r
the united states attorney's office advised us not to administer miranda rights. we gave that information out to our officers and i think all law enforcement was operating under those rules of engagement. >> back to the apartment real quickly. there were devices found in the apartment but you can't comment on what? >> no, i didn't say that. i can't comment on any evidence that was found there. sglp anything that was found in the apartment. are you confident that these two were...
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. >> no miranda warning, could you explain that for us? >> the united states attorney or the fbi may want to explain that. it is a federal issue. >> what are the extent? -- >> let him finish the question. >> no, did not. >> what is the question? >> the reports are are that there was no miranda warning given and they were claiming a public safety exception. could we get an answer to that? >> there is a public exception in cases involving acts of terrorism and the government has that opportunity right now. though i believe that the is suspect has been taken to a hospital. thank you. >> what are the conditions -- >> i'm sorry? >> will you seek the federal death penalty. >> i indicated earlier this is still an active and ongoing investigation. we will be reviewing all of the evidence before that kind of a decision is made in terms of whether or not to seek the death penalty you review all of the evidence and it is a very thoughtful long process that is engaged and it is the attorney general of the department of justice that makes that final de
. >> no miranda warning, could you explain that for us? >> the united states attorney or the fbi may want to explain that. it is a federal issue. >> what are the extent? -- >> let him finish the question. >> no, did not. >> what is the question? >> the reports are are that there was no miranda warning given and they were claiming a public safety exception. could we get an answer to that? >> there is a public exception in cases involving acts of...
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Apr 20, 2013
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and authorities decided not to read the suspect his miranda warnings and rights. what advantage does that give them now? >> as it was being discussed last night, he is still entitled to his miranda rights. what it means any information they collected before giving that warning cannot be used in court against him. but they probably have a ton of data already. they probably don't need a confession, and they don't need questions that lead to evidence for the prosecution, because they have the video evidence and they have forensic evidence, and i am sure they have dna evidence now because there has been blood and a fight. so they are more interested in trying to get information for him to identify whether there are any more accomplices or relationships to foreigners. >> is there anybody else out there? >> of course, that's question number one. and for the information gathering they are doing now is totally separate from the case they will be making in court. >> they are trying to piece together not just the last few days but in some cases the last year, or more than a
and authorities decided not to read the suspect his miranda warnings and rights. what advantage does that give them now? >> as it was being discussed last night, he is still entitled to his miranda rights. what it means any information they collected before giving that warning cannot be used in court against him. but they probably have a ton of data already. they probably don't need a confession, and they don't need questions that lead to evidence for the prosecution, because they have...
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Apr 20, 2013
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certainly he will be read his miranda rights. since this was an nbi arrest, he will be read his miranda rights. he doesn't have to ask for a lawyer, he could mamake statements that could later be used against him. you can ask for an attorney or you can make a statement. >> let me jump in here i want to check in with john king. john you're hearing more from -- >> i just want to pass along information from our producer carol credy. two federal law enforcement officials have confirmed to her they have identified the identity. it is the younger brother suspect number two that is in custody. now they say federal officials have verifieded the identity. the official i communicated with said in custody, unspecified medical needs. they are now sweeping the area. >> bryan, what are you seeing. what did you see go down? >> anderson we just observed the scene from a rooftop probably 500-yard away from the backyard area. it had calmed down but we did see some police activity in the backyard. flashlights moving around. a police chopper had ret
certainly he will be read his miranda rights. since this was an nbi arrest, he will be read his miranda rights. he doesn't have to ask for a lawyer, he could mamake statements that could later be used against him. you can ask for an attorney or you can make a statement. >> let me jump in here i want to check in with john king. john you're hearing more from -- >> i just want to pass along information from our producer carol credy. two federal law enforcement officials have confirmed...
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Apr 23, 2013
04/13
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miranda rights. we've watched enough detective shows no know, police shows, they give miranda rights almost like blah, blah, blah, blah, blah. it's done. why do you think that's an issue? now we just got the word as we went on the air tonight the defendant here, the suspect, i guess he's a defendant now, has been given his miranda rights. >> this is truly something of an urban legend. people like to watch shows where a criminal goes free because he wasn't given miranda rights. that's extremely rare. i do criminal defense work. i can tell you, the most you can hope for in a miranda case is one or two statements will not make it into court. it's rare the whole case falls out unless everything -- >> so it's not the poison fruit thing? >> there is a poison fruit provision, standard. but it's very rare for it to pollute an entire case. >> let me ask you practically, why don't the law enforcement officials, the federal officials up there who have him in custody at the hospital, why didn't they just do this
miranda rights. we've watched enough detective shows no know, police shows, they give miranda rights almost like blah, blah, blah, blah, blah. it's done. why do you think that's an issue? now we just got the word as we went on the air tonight the defendant here, the suspect, i guess he's a defendant now, has been given his miranda rights. >> this is truly something of an urban legend. people like to watch shows where a criminal goes free because he wasn't given miranda rights. that's...
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Apr 22, 2013
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and they asked him the questions without mirandaizing him. so the public safety exception is domestic in nature. so it's completely unnecessary to call him an enemy combatant in the first place. >> they had a lot of guns, and this is part of the investigation. how do two brothers in cambridge, mass, get ahold of all of this weaponry, and create these bombs? now low-level, low-tech bombs, be that they were. can they do that all with online inspiration and help? or do they have to have outside help, do you think? >> that's an excellent question. i'm sure in the coming days and weeks, law enforcement, the press will uncover virtually every aspect of the lives of these individuals, including the answer to that question. i do know that it is relatively and probably shockingly easy to assemble the components to make a bomb from things you can obtain in the united states. and there are terrorist organizations overseas that have instructions online for how to do that. and so it's something that we ought to look carefully at from the law enforcement p
and they asked him the questions without mirandaizing him. so the public safety exception is domestic in nature. so it's completely unnecessary to call him an enemy combatant in the first place. >> they had a lot of guns, and this is part of the investigation. how do two brothers in cambridge, mass, get ahold of all of this weaponry, and create these bombs? now low-level, low-tech bombs, be that they were. can they do that all with online inspiration and help? or do they have to have...
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Apr 23, 2013
04/13
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if it was given prior to the reading of his miranda rights, it would probably be unlikely they would use that against him in court. if it was used voluntarily afterwards, likely he would. about the fact he has lawyered up, most likely we could send the information probably came prior to his reading of the miranda rights. we don't know that right now. >> thank you very much indeed. an extraordinary court session took place inside his hospital room. a transcript of that hearing tonight that tells us about the accused bomber and the case. jason, tell us what happens, it is fascinating. >> it really is and it is an nine page transcript we got hold of. what i can tell you is this proceeding lasted about ten or 15 minutes, started about 11:30 this morning. all of the key figures came into the hospital room and all of them introduce themselves. you had the u.s. judge there and attorneys from both sides. a court reporter there as well. and everyone present wanted to make sure that he knew exactly what was going on, know about the charges that he is facing. let me read you some of the key sec
if it was given prior to the reading of his miranda rights, it would probably be unlikely they would use that against him in court. if it was used voluntarily afterwards, likely he would. about the fact he has lawyered up, most likely we could send the information probably came prior to his reading of the miranda rights. we don't know that right now. >> thank you very much indeed. an extraordinary court session took place inside his hospital room. a transcript of that hearing tonight that...
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once he exercises his miranda warning, though -- once he exercises his miranda rights he has the choice to stop answering questions. but what the justice department says is, most people in these cases, surprisingly enough, continue to talk anyway. but if he says i'm not going to talk, then they have to stop the questioning. >> hmm. it's interesting, i know that you heard the coverage with his uncle speaking to him, saying give up, ask for forgiveness. pete, i think -- are you still hearing me, pete? nope. >> oh, there i hear you now. sorry. i hear you now. >> oh, you can hear me now. little bit of technical difficulty. but it's the kind of thing that asking for forgiveness. i guess i ask from a broader justice perspective. if he does cooperate, despite the heinous nature of the activities that he will, in all likelihood be accused of, murder, the mayhem, the terrorism in the bombing of the boston marathon, is there anything for him to be gained from a legal perspective by cooperation? >> well, he avoids the death penalty. which -- well although in the federal case, i'm not sure about th
once he exercises his miranda warning, though -- once he exercises his miranda rights he has the choice to stop answering questions. but what the justice department says is, most people in these cases, surprisingly enough, continue to talk anyway. but if he says i'm not going to talk, then they have to stop the questioning. >> hmm. it's interesting, i know that you heard the coverage with his uncle speaking to him, saying give up, ask for forgiveness. pete, i think -- are you still...
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Apr 20, 2013
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there's too much misinformation about miranda. we're looking at it based on television programs tv series. if there's a miranda violation, that means that that statement that individual made can't be used in a court of law against him. however, this individual -- julian is right, the fbi is gathering that -- they already said they took full responsibility to it to the person whose car they carjacked. all they mean is statements you get are admissible. it's an affirmative defense on an evidentiary point. >> so your point is, just so i can clarify, your point is, we can still very likely put this guy in jail, or get the death penalty, whatever we decide. we may not need any of these statements against him in court. why not interrogate him for public safety reasons longs as long as we want? >> jay is right. the guy confessed in the carjacking. the terror suspect confessed to being the boston bomber. tim think mcveigh was mirandized. there isn't a problem here, which is why i'm surprised that senator graham, senator mccain and others
there's too much misinformation about miranda. we're looking at it based on television programs tv series. if there's a miranda violation, that means that that statement that individual made can't be used in a court of law against him. however, this individual -- julian is right, the fbi is gathering that -- they already said they took full responsibility to it to the person whose car they carjacked. all they mean is statements you get are admissible. it's an affirmative defense on an...
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Apr 23, 2013
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his miranda rights were read to him. they decided to read him his miranda rights. those were given to him today as well. the security here is very tight. in fact, what is interesting is, he potentially might get out of the hospital later than many of his victims that are also here recovering. greta? >> adam, in terms what have went down before he was mirandized, was he interviewed by the fbi or anybody in the last couple of days since he was taken into custody? did he give him information that they considered valuable and helpful? >> reporter: we learned a cowl of things. 1; yes, there were questions asked of him. the first few hours if not more than that, they were worried about making sure should thguy survives. he got here on friday night in pretty bad condition. he bled from injuries nearly 20 hours. he was obviously in rough condition. so the number-1 priority was to make sure he survived to get information from him. questions were asked of him before he was mirandized. they haven't said of course, they are not going to give away what he said. i did talk to on
his miranda rights were read to him. they decided to read him his miranda rights. those were given to him today as well. the security here is very tight. in fact, what is interesting is, he potentially might get out of the hospital later than many of his victims that are also here recovering. greta? >> adam, in terms what have went down before he was mirandized, was he interviewed by the fbi or anybody in the last couple of days since he was taken into custody? did he give him information...
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i would say this from the standpoint of a miranda case. the purpose from miranda in part is to keep someone from being coerced and incriminating himself. that ship's sailed. nobody needs any testimony from the murderer about his culpabili culpability. we should put this in perspective. this man is clearly guilty. there is no problem, you know. the miranda rights is anything you say can be held against you. he doesn't have to say anything. they can be held against him and his vicious deeds. this is in a vacuum. i don't think it's going to make much of a difference. >> on the other side, councilman, i'm sure you're not surprised, the aclu says, look, how heinous the crime you don't put aside your rules and regulations that are in place, and so that's one side of it. the other side of it, which goes even further than this public safety exception is the four members of the u.s. senate. you have peter king, the congressman, who are saying, forget that. he should be treated as an enemy combatant. should it go that far? >> no. by the way, i am su
i would say this from the standpoint of a miranda case. the purpose from miranda in part is to keep someone from being coerced and incriminating himself. that ship's sailed. nobody needs any testimony from the murderer about his culpabili culpability. we should put this in perspective. this man is clearly guilty. there is no problem, you know. the miranda rights is anything you say can be held against you. he doesn't have to say anything. they can be held against him and his vicious deeds. this...
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Apr 20, 2013
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dzhokhar tsarnaev will not be read his miranda rights before he's questioned. once he's physically able to answer questions. as far as we know, he's still in too bad of shape to answer law enforcement questions at all. in terms of what he is waiting for, for his miranda, you know it from law and order, right? you have the right to remain silent, anything you say or do may be used against you in a court of law, you have the right to consult an attorney and to have an attorney present during questioning. if you cannot afford an attorney, one will be appointed for you before any questioning if you wish. if you decide to answer any questions without an attorney present, you have the right to stop answering at any time until you talk to an attorney knowing and understanding your rights as i explain them to you, are you willing to answer my questions without an attorney present. it is not always exactly like that. in the movies, the person saying it usually has a much cooler accent. but that's pretty much the idea. the idea is that your statements are only admissible
dzhokhar tsarnaev will not be read his miranda rights before he's questioned. once he's physically able to answer questions. as far as we know, he's still in too bad of shape to answer law enforcement questions at all. in terms of what he is waiting for, for his miranda, you know it from law and order, right? you have the right to remain silent, anything you say or do may be used against you in a court of law, you have the right to consult an attorney and to have an attorney present during...
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Apr 22, 2013
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i do not care if you read people their miranda rights, but do not shut down the intelligence gathering process. on the way he agreed to cooperate is the fbi flew to his family and his parents convinced him. hadtimes square bomber, he pakistan taliban ties and was read his miranda -- render rights and we never interrogating him for intelligence gathering purpose. osama bin laden's father-in-law was never designate and -- and an enemy -- son in law was never designated an enemy combatants. can you imagine what he could tell us? he was the spokesman for al qaeda after 9/11. there was a disturbing pattern of not gathering intelligence when that opportunity exists. i will grab a pen and pad and we will go next door and i will answer questions about what you have about the fbi. we're way to observe a moment of silence here for the folks in boston. >> she was very bright, very political, which is why she and lincoln got together in the first place. she spoke several languages fluently. she was extremely well educated. she had all of these things going for her, but she had suffered a series of
i do not care if you read people their miranda rights, but do not shut down the intelligence gathering process. on the way he agreed to cooperate is the fbi flew to his family and his parents convinced him. hadtimes square bomber, he pakistan taliban ties and was read his miranda -- render rights and we never interrogating him for intelligence gathering purpose. osama bin laden's father-in-law was never designate and -- and an enemy -- son in law was never designated an enemy combatants. can...
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Apr 23, 2013
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and his miranda rights were read to him. there was reporting if they weren't going to, but they decided to read him his miranda rights and those were given to him today as well. the security here is still very tight. what is interesting is he potentially might get out of the hospital later than many of his victims that are here also recovering. greta. >> adam, in terms of what went down before he was mirandized, was he interviewed by the fbi or by anybody in the last couple days since he was taken into custody? and it he give them information that they considered valuable and helpful? >> we learned a couple of things. yes, there were questions asked of him. the first few hours, if not more than that, obvious think they were making sure he survived so you had that situation. he got here friday night in pretty bad condition. he bled for nearly 24 hours and then the fire fight at the boat. the number one priority for them was to make sure he survived so they could get information from him. questions were asked of him before he
and his miranda rights were read to him. there was reporting if they weren't going to, but they decided to read him his miranda rights and those were given to him today as well. the security here is still very tight. what is interesting is he potentially might get out of the hospital later than many of his victims that are here also recovering. greta. >> adam, in terms of what went down before he was mirandized, was he interviewed by the fbi or by anybody in the last couple days since he...
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do we think, your personal opinion, do we think that he should have been read his miranda rights? >> i think that he has got that brief window of time. i heard the segment you did with mike ignacious on that and that period of time where if public safety issues arise, allows them to ask questions. i think it appears from what i know, i don't know anything, none of us do right now, that we are in that window, there is a concern for public safety and probably able to question him and i just hope they don't go over that line. they have to make sure that they stay in that line you you want any prosecution to hold up. you want this person to be held accountable. >> what about treating him as an enemy combatant? what is your take on that? >> i don't know all the facts here to establish that yet. i'm not sure that most of us that aren't intimately involved with the investigation know all the niceties involved in making that determination. i would hesitate to make a leap to that point without having quite a bit more information. >> massachusetts congressman john tierney. congressman, than
do we think, your personal opinion, do we think that he should have been read his miranda rights? >> i think that he has got that brief window of time. i heard the segment you did with mike ignacious on that and that period of time where if public safety issues arise, allows them to ask questions. i think it appears from what i know, i don't know anything, none of us do right now, that we are in that window, there is a concern for public safety and probably able to question him and i just...
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don't read him his miranda rights, try him as enemy combatant. seeing this already fall on partisan lines in minutes. >> i spoke with susan collins, a republican senator. >> barely. >> even before the suspect -- >> you're not unhappy about that. >> -- had been captured, she said if this person is in some way an american citizen, i do not believe they should be treated as enemy combatant. >> absolutely. when i said it falls on partisan lines, you'll probably see the rand pauls, the far right come around and defend his rights and vice versa, but this is something that we saw fought over time and time again when george bush was president. ironically, three republican senators or at least the two, mccain and graham were defending the liberal point of view saying don't torture. >> the argument, should the suspect be treated as part of al qaeda and taliban basically. it was authorization for use of force. the question is does it even apply? >> right. >> and will it matter. and then the other question you're going to get to is if we had been warned by t
don't read him his miranda rights, try him as enemy combatant. seeing this already fall on partisan lines in minutes. >> i spoke with susan collins, a republican senator. >> barely. >> even before the suspect -- >> you're not unhappy about that. >> -- had been captured, she said if this person is in some way an american citizen, i do not believe they should be treated as enemy combatant. >> absolutely. when i said it falls on partisan lines, you'll probably...
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the magistrate issues the miranda warning. always the magistrate issues the miranda warning. and the part where it says if you can't afford to hire a lawyer, the court will give you one. that's the guy who gives it. the magistrate. >> on the answers, if you do get answers from a terrorist suspect, how do you distinguish between honest applies and appli applies, and reapplies that go to the investigation. >> that's for the investigators. can they determine if he is lying and the follow-up. >> all right. thank you so much for those insights. up next, the international connection. a whole host of theories about the boller's motives. what if anything did his beck ground play? ♪ if loving you is wrong ♪ i don't wanna be right [ record scratch ] what?! it's not bad for you. it just tastes that way. [ female announcer ] honey nut cheerios cereal -- heart-healthy, whole grain oats. you can't go wrong loving it. plays a key role throughout our lives. one a day men's 50+ is a complete multivitamin designed for men's health concerns as we age. it has 7 antioxidants to support cell h
the magistrate issues the miranda warning. always the magistrate issues the miranda warning. and the part where it says if you can't afford to hire a lawyer, the court will give you one. that's the guy who gives it. the magistrate. >> on the answers, if you do get answers from a terrorist suspect, how do you distinguish between honest applies and appli applies, and reapplies that go to the investigation. >> that's for the investigators. can they determine if he is lying and the...
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>> sure, the public safety exemption to miranda allows the fbi to interrogate without mirandaizeing them an without council. this helps them to determine whether or not there is anyone else in the support structure as tim clemente discussed earlier, if there are any support structure and it does present a potential problem a potential evidentiary problem for prosecution at trial in so far a federal judge could decide certain evidence is not admissible in court. but when you look at the massive amount of evidence that has been amassed in this case it's unlikely that they would not be able to get a conviction. it makes sense that they would proceed on this basis empty with the concern of a possible international connection. >> and they miranda mirandaized tim mcveigh but they didn't have as much and he didn't present as a foreign threat. i've worked as around the world as a scholar and lawyer, there is a question of international connection and it's appropriate for them to be asking these questions, not to mention that they'll probably race the issue on constitutional ground when it comes
>> sure, the public safety exemption to miranda allows the fbi to interrogate without mirandaizeing them an without council. this helps them to determine whether or not there is anyone else in the support structure as tim clemente discussed earlier, if there are any support structure and it does present a potential problem a potential evidentiary problem for prosecution at trial in so far a federal judge could decide certain evidence is not admissible in court. but when you look at the...
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. >> no miranda warning could you explain that? >> the fbi may want to explain that in a federal issue. >> had the boat then searched earlier in the day? >> know it had not. rights no miranda warning. >> there is a public safety exemption in cases of national security and potential charges involving acts of terrorism. the government has the opportunity right now, though i believe the suspect has been taken to a hospital. thank you. >> [indiscernible] >> this is still an ongoing investigation. we will be reviewing all of the evidence. before that canada decision is made, in terms of whether or not to seek the death penalty, you review all of the evidence and it is a very thoughtful, on process that is engaged. it is the attorney general of the department of justice that make that final decision. >> [indiscernible] straight to the boat. can you talk about what happens when you are on the scene, was he moving around? how did you know there was a chance to take him into custody ? >> we know he did not go straight to the goat area on th
. >> no miranda warning could you explain that? >> the fbi may want to explain that in a federal issue. >> had the boat then searched earlier in the day? >> know it had not. rights no miranda warning. >> there is a public safety exemption in cases of national security and potential charges involving acts of terrorism. the government has the opportunity right now, though i believe the suspect has been taken to a hospital. thank you. >> [indiscernible] >>...
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that's why you are not seeing him read his miranda warnings. he doesn't have to have a lawyer right away. no decision on whether he would be held as an enemy combatant but they want to get as much information as possible, and they are using the government's detainee interrogation group, we are told. so where are we right now? well, the fbi, as we now know, had a request from a foreign government to look into the older brother last year before he travelled -- when he was traveling to russia to look into his activities. there was a belief by that government he might have been involved in some kind of activities. the fbi did look into it. they issued a statement i want to read to you in part saying in response to the 2011 request, the fbi checked data basis looking for things such as derogatory telephone communications, and possible use of online sites associated with the promotion of radical activity, and associations with other persons of interest, and travel history and plans. the fbi did not find anything of concern. and the older brother trav
that's why you are not seeing him read his miranda warnings. he doesn't have to have a lawyer right away. no decision on whether he would be held as an enemy combatant but they want to get as much information as possible, and they are using the government's detainee interrogation group, we are told. so where are we right now? well, the fbi, as we now know, had a request from a foreign government to look into the older brother last year before he travelled -- when he was traveling to russia to...
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roger and clint thank you as well. >>> the obama invoking its right to deny dzhokhar tsarnaev of his miranda warning for the short term but will that public safety information provide the government with valuable intelligence. we're going to take a deeper look at the role and discuss what's next in all legal aspects of this case after the break. with the spark miles card from capital one, bjorn earns unlimited rewards for his small business. take these bags to room 12 please. [ garth ] bjorn's small business earns double miles on every purchase every day. produce delivery. [ bjorn ] just put it on my spark card. [ garth ] why settle for less? ahh, oh! [ garth ] great businesses deserve unlimited rewards. here's your wake up call. [ male announcer ] get the spark business card from capital one and earn unlimited rewards. choose double miles or 2% cash back on every purchase every day. what's in your wallet? [ crows ] now where's the snooze button? departure. hertz gold plus rewards also offers ereturn-- our fastest way to return your car. just note your mileage and zap ! you're outta there !
roger and clint thank you as well. >>> the obama invoking its right to deny dzhokhar tsarnaev of his miranda warning for the short term but will that public safety information provide the government with valuable intelligence. we're going to take a deeper look at the role and discuss what's next in all legal aspects of this case after the break. with the spark miles card from capital one, bjorn earns unlimited rewards for his small business. take these bags to room 12 please. [ garth ]...
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doj official says on background that, again, the suspect is in custody, is alive and that no miranda warning is going to be given. that the public safety exception is being invoked by the department of justice and law enforcement. in order to do a limited and focused interrogation. this is done, in part, when they want to make sure there's no continuing imminent threat. >> and, again, legally, does this in any way imperil their case later if they don't have a miranda warning. >> reporter: now, again, i'm not an attorney, but what this source told me is this is the only recognized exception. in this case, seen or taken by the supreme court. >> and dick clark, weigh in on that, please. >> i'm not a lawyer, either, but my understanding is that any information he gives them, prior to getting his miranda rights probably cannot be used against him in a court of law, but it seems to me they've got enough information against him already. >> i was asking you earlier who would go in the room, what kind of people, how they would talk to him. and they will be recording every single thing that ha
doj official says on background that, again, the suspect is in custody, is alive and that no miranda warning is going to be given. that the public safety exception is being invoked by the department of justice and law enforcement. in order to do a limited and focused interrogation. this is done, in part, when they want to make sure there's no continuing imminent threat. >> and, again, legally, does this in any way imperil their case later if they don't have a miranda warning. >>...
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we do know they decided there would be no miranda rights so the questioning could begin right away. a matter o
we do know they decided there would be no miranda rights so the questioning could begin right away. a matter o
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. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great confession. maybe even better than a law enforcement confession where you can claim it was forced out of you. they gave a upon takenious confession -- spontaneous confession. >> bob wants to get in here. so then why did they need to make that statement? i'm trying to figure out why they made that statement? >> i don't know exactly why they made it. maybe because they got so much criticism -- remember the christmas morning bomber that they mirandaized right away, lost the opportunity to get information from him? so i think maybe they were playing defense. >> le
. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great...
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he probably doesn't understand the miranda warnings at this point. >> allen, thank you. [ male announcer ] when you're at the corner of "multivitamin" and "multiple choice," come to walgreens for help finding the one that's right for you... like centrum. now, get four dollars off select centrum products with balance rewards card. at the corner of happy and healthy. for over 30 years. and it's now the most doctor recommended, the most preferred and the most studied. so when it comes to getting the most out of your multivitamin, the choice is clear. centrum. the choice is clear. when i take a picture of this check, it goes straight to the bank. oh. oh look the lion is out! no mommy no! don't worry honey, it only works on checks. deposit checks from your smartphone with chase quickdeposit. just snap a picture, hit send and done. take a step forward and chase what matters. >>> as the manhunt for suspect number two intensified, family members went in front of the camera delivering very different messages. the brothers were vilified by their uncle, but not by their parents. >> translator: he g
he probably doesn't understand the miranda warnings at this point. >> allen, thank you. [ male announcer ] when you're at the corner of "multivitamin" and "multiple choice," come to walgreens for help finding the one that's right for you... like centrum. now, get four dollars off select centrum products with balance rewards card. at the corner of happy and healthy. for over 30 years. and it's now the most doctor recommended, the most preferred and the most studied. so...
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you're seeing that play out in terms that he wasn't read his miranda rights. the difference being they can ask the question, they can get the information they need. but, the information they get, they can't, then, turn around and use against him at a trial. that would have to be gained separately. >> okay, thank you, chris. chris pulling a late shift for us. it was interesting, he said that, well, dzhokhar will, in fact, be a valuable piece of evidence, if you like. really, he was an older bloer. the younger one, i don't know, went aloong for the ride. >> yeah, the older brother, younger brother scenario. how this is sort of reminiscent of the sniper shooting. it was a similar situation. it soernly was a question just floating out there right now. and now that the police work has played off and chris was talking about tonight, as you've been discussing, it's really time to the legal aspect of the marathon bombings. earlier tonight, anderson cooper talked with senior legal analyst, jeffrey toobin. the first thing that will happen will lay out the basics of the
you're seeing that play out in terms that he wasn't read his miranda rights. the difference being they can ask the question, they can get the information they need. but, the information they get, they can't, then, turn around and use against him at a trial. that would have to be gained separately. >> okay, thank you, chris. chris pulling a late shift for us. it was interesting, he said that, well, dzhokhar will, in fact, be a valuable piece of evidence, if you like. really, he was an...
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miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it because of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldo: say it in english. court or tribunal? >> oh, court or tribunal. i suspect we need to know a little more information but certainly looking like a military tribunal. >> geraldo: do you want it to be a military tribunal? >> depends on the facts but looks like yes, this was. >> geraldo: quadruple murder and four death sentences on this guy. >> i don't care what the guys were saying during the commercial break. a military tribunal done properly are does not give the defendant as many protections as a mere criminal in the united states. >> geraldo: robert first and then bo. >> i feel
miranda isn't in the constitution. what the court should look at is it the confession voluntary not whether a specific set of words were read. rehnquist ended up upholding it because of star idecised us. kind of a stretch that the precise words are necessary. >> geraldo: military tribunal. >> i already answered that. give me a break. you don't have to read miranda to a rapist. the rape is over. we are not worried about another bomb. >> geraldo: say it in english. court or...
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all of this is moot right now, because as you know, yesterday, he was formally given his miranda rights and a judge magistrate at his bed side with a court-appointed attorney, a public defender. this is moot as the obama administration has made its decision. is lindsey graham on sound legal ground, saying he should be tried in a civilian court, but held and questioned as an enemy combatant? >> i think the only fair answer to that question is we don't know. because it's never been done before in american history to have some sort of hybrid combatant and criminal proceeding. we do know from jake tapper's reporting, there was an interrogation of tsavraev. and he did disclose his position that there was no broader conspiracy here. just him and his pressure. it seems like the justice department and the fbi have done the kind of interrogation that at least -- that lindsey graham seems to want to have been done, perhaps not as extensive as it might have been. but there was a premiranda interrogation and authorities can work with that, at least now going forward. >> i think that's a fair point.
all of this is moot right now, because as you know, yesterday, he was formally given his miranda rights and a judge magistrate at his bed side with a court-appointed attorney, a public defender. this is moot as the obama administration has made its decision. is lindsey graham on sound legal ground, saying he should be tried in a civilian court, but held and questioned as an enemy combatant? >> i think the only fair answer to that question is we don't know. because it's never been done...
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no miranda rights were read to the suspect here last night. a justice department official says the bombing suspect won't be read the miranda rights because of a public saflt exception. so what is the next judicial step? let's ask the executive director of the american center for law and justice. good morning. i think a lot of folks are not familiar with this public safety exemption. why invoke that at this time? >> usually it's rare, it would be an instance where there is a gun or some kind of in this situation, unexploded bombs. it's important for people to understand, this is not the most extreme move. what you get from this is very limited interrogation and on top of that, it has to be directed questions. what does that mean? the questions can only go to minimizing and eliminating the immediate emergency. because that's why you've invoked this exception to the miranda warning which is required by supreme court precedent. but they did carve this out. >> the u.s. government is concerned about any potential new attacks so they want to limit th
no miranda rights were read to the suspect here last night. a justice department official says the bombing suspect won't be read the miranda rights because of a public saflt exception. so what is the next judicial step? let's ask the executive director of the american center for law and justice. good morning. i think a lot of folks are not familiar with this public safety exemption. why invoke that at this time? >> usually it's rare, it would be an instance where there is a gun or some...
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he's already been read his miranda rights by the fbi. but if he does have some sort of a political issue, some sort of a grudge that he wants people to know about, he may feel it's in his best interest to talk and that is certainly what law enforcement is hoping. they still want to find out are there other suspects, are there people who were accomplices in one way or another, either at helping to plan the bombing, helping plan the subsequent activities, helping plan the manufacture of this device. they want to know why these people did this and more importantly, how they went about doing it, any other people of foreign or domestic, they were in contact with and if he starts to talk, that will obviously help the investigation tremendously. >> anderson, you've done a great job today. thank you very much for now. i want to turn to cnn's brian todd in watertown, who shot exclusive video of the boat while the bombing suspect was still inside it. brian, a quite dramatic end game here to what has been an appalling few days for the people of wat
he's already been read his miranda rights by the fbi. but if he does have some sort of a political issue, some sort of a grudge that he wants people to know about, he may feel it's in his best interest to talk and that is certainly what law enforcement is hoping. they still want to find out are there other suspects, are there people who were accomplices in one way or another, either at helping to plan the bombing, helping plan the subsequent activities, helping plan the manufacture of this...
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you know, judge, a lot of people h ve been talking about miranda, the public safety exception. i don't want to spend a lot of time on that. but, you know, when the police announced that the public threat was over, once dzhokhar was taken into custody, doesn't that suggest that the public safety exception doesn't kick in, or has been solidified? >> the public safety exception is in no way applicable in this case. that was for a situation where there was a gun in a public place and the police needed to know where it was. they asked the guy they just caught where's the gun before where was the gun? >>> they asked where is the gun. >> be that as it may you have a public defender in boston who is chomping at the bit to appoint a federal judge to defend the suspect. you could reassign a public defender is he or sheable to come in and say i don't want you talking to my client? >> he or she can say that. it's not going to stop this trying to do is to collect intelligence. i'm sure that if that's what they're trying to do, they will simply continue to do it, and gather only intelligence
you know, judge, a lot of people h ve been talking about miranda, the public safety exception. i don't want to spend a lot of time on that. but, you know, when the police announced that the public threat was over, once dzhokhar was taken into custody, doesn't that suggest that the public safety exception doesn't kick in, or has been solidified? >> the public safety exception is in no way applicable in this case. that was for a situation where there was a gun in a public place and the...
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an obama administration official telling nbc news tsarnaev will not be given a miranda warning when he's physically able to be interrogated after receiving medical treatment. instead, the official says the government will invoke a legal rule known as the public safety exception. that will allow investigators to question tsarnaev without first advising him of his right to remain silent and be afforded legal counsel. president obama used his weekly address today to praise law enforcement and those involved in tracking tsarnaev down. >> americans refused to be terrorized. ultimately, that's what we'll remember from this week. that's what will remain, the stories of heroism and kindness, resolve and resilience, generosity, and love. >> authorities caught up with the suspect after a tip from a watertown resident. he was hiding in a boat parked outside a home. he is now in a boston hospital and nbc's ron allen is joining me from there. ron, with a good afternoon to you, let's get the very latest on his condition. are you getting word from the hospital or are they staying somewhat silent on tha
an obama administration official telling nbc news tsarnaev will not be given a miranda warning when he's physically able to be interrogated after receiving medical treatment. instead, the official says the government will invoke a legal rule known as the public safety exception. that will allow investigators to question tsarnaev without first advising him of his right to remain silent and be afforded legal counsel. president obama used his weekly address today to praise law enforcement and...
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i'm not quite sure that the whole issue of miranda is even relevant at this point given the fact that they have so much evidence it appears based upon the number of photos and images et cetera, et cetera. but judge, what charges might they file against him? and if this case is brought in federal court and it seems that all indications are that it will be brought in federal court, isn't a federal judge bound by, you know, the federal rules of evidence, delay because they may not be able to talk to this defendant for a month or two because he is so drugged from all of the injuries and would a judge be faced with some of the evidencery issues he would with a regular criminal in a criminal trial? >> the evidencery issues will certainly be the same. so far as delay in charging him, motions will be made. i think i can pretty well guarantee you that they will be denied. >> all right. and then you presided over the blind sheik trial and ended up sentencing him to life in prison. when you did so, we all expect as judges that we sentence someone to life that they will spend their life in prison
i'm not quite sure that the whole issue of miranda is even relevant at this point given the fact that they have so much evidence it appears based upon the number of photos and images et cetera, et cetera. but judge, what charges might they file against him? and if this case is brought in federal court and it seems that all indications are that it will be brought in federal court, isn't a federal judge bound by, you know, the federal rules of evidence, delay because they may not be able to talk...
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so, we understand that this guy dzhokhar has been given miranda rights in the hospital. he has an attorney appointed to him. some are saying and the "wall street journal" is saying among them that's not smart. they could have labeled him an enemy combatant and intear gaysed him without all the protections and you say? >> well, i think the white house has made a calculation the department of justifiable has made a cool could you legs that they can bring this person, i'm sorry, to justice, and also get the information that may be important to prevent future attacks and also provide answers that may help bring closure to the victims and the families of the victims. you know, there are some challenges, of course, with respect to the designation of enemy combatant. people forget that once that happens, dealing with an american citizen and what he will do is file habeas petition challenging that designation, raising again this question does the president on his own authority can he designate an american citizen enemy combatant which was an issue that came up with al awlaki. wh
so, we understand that this guy dzhokhar has been given miranda rights in the hospital. he has an attorney appointed to him. some are saying and the "wall street journal" is saying among them that's not smart. they could have labeled him an enemy combatant and intear gaysed him without all the protections and you say? >> well, i think the white house has made a calculation the department of justifiable has made a cool could you legs that they can bring this person, i'm sorry, to...
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. >> no miranda warning? >> the fbi may want to explain that, it is a federal issue. >> had the boat been searched earlier? >> just a minute, we are going to finish the question. >> no, it did not. >> there was no miranda warning, they were claiming public safety exception. could we get explanation? >> there's public safety in cases of national security and involving acts of terrorism. the government has that opportunity, right now i believe the suspect has been taken to a hospital. we start with there. thank you. >> i'm sorry? >> will you seek the federal death penalty? >> you know, what i indicated earlier is that this is still an active, on-going investigation. we're going to be reviewing all of the evidence, before that kind of decision is made in terms of whether or not to seek the death penalty, you review all of the evidence and it is a very thoughtful, long process that is engaged and it is the attorney general of department of justice that makes that final decision. >> i'm sorry. karen? >> can you or
. >> no miranda warning? >> the fbi may want to explain that, it is a federal issue. >> had the boat been searched earlier? >> just a minute, we are going to finish the question. >> no, it did not. >> there was no miranda warning, they were claiming public safety exception. could we get explanation? >> there's public safety in cases of national security and involving acts of terrorism. the government has that opportunity, right now i believe the suspect...
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he wasn't read his miranda rights. they are using an exception there and there are calls for him to be treated as an enemy combatant. is that the right call, do you think? >> let's pick these two piece it is apart. on the miranda question it's not clear how much of an exception it really is. as an investigator or prosecutor you can choose not to mirandize someone. it makes things much more difficult for them down the road at trial. if you are concerned about getting certain kinds of information and it looks like the fbi and the national security apparatus is concerned about getting information, then you would want to get as much as you can out of someone in the near term in order to roll up any other individuals that might have been involved in a potential conspiracy. turning to the question on whether someone is an enemy combatant or not, if you apply law in 1944 when we were dealing with germans in the united states, maybe you could classify him as an enemy combatant. in the last 20 or 30 years, every major act of do
he wasn't read his miranda rights. they are using an exception there and there are calls for him to be treated as an enemy combatant. is that the right call, do you think? >> let's pick these two piece it is apart. on the miranda question it's not clear how much of an exception it really is. as an investigator or prosecutor you can choose not to mirandize someone. it makes things much more difficult for them down the road at trial. if you are concerned about getting certain kinds of...
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so the miranda issue may be not all that important as a legal matter. and the fact that they get information from him that can be used to make sure there are no other conspiracies out there, that may be very useful information. and they can still prosecute him very successfully without those statements because it sure seems like there is going to be a lot of evidence against this guy, independent of any statements he might have made. >> i want to bring in our national security analyst, peter bergen, joining us. peter has written extensively on al qaeda and osama bin laden. peter, i appreciate you joining us. what are the questions that you are most interested in learning about these two, in particular about motivation and their operational capability? >> well, first of all, anderson, i think it's very interesting that they were able to detonate two bombs almost simultaneously. i think that's pretty hard. it suggests either practice in the united states or training elsewhere or perhaps both. we've had terrorists who have gone overseas who have tried to d
so the miranda issue may be not all that important as a legal matter. and the fact that they get information from him that can be used to make sure there are no other conspiracies out there, that may be very useful information. and they can still prosecute him very successfully without those statements because it sure seems like there is going to be a lot of evidence against this guy, independent of any statements he might have made. >> i want to bring in our national security analyst,...
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i don't think the miranda argument is particularly important in the end. they'll convict him if he lives. and if they don't give him miranda warnings, maybe they'll get more information about if there are other individual involved in this conspiracy. >> do you think that's part of it? other individuals involved? as someone who's been in the situations before, how big a concern is that, of the decisions tonight? >> sure. it's not about getting additional evidence against him. the public safety exception is to find out whether or not there is explosive devices out there that would cause some harm to the public -- >> which they're worried about. they don't know where all the pipe bomb went. >> sure. it's an absolute right to use the public safety exception in these circumstances. or is there an act of conspiracy beyond him and his brother. that's important for law enforcement to get to the heart of that as quickly as possible. >> that's an important point. we've been talking about, you know, they thought during the day that he could have some of those pipe bo
i don't think the miranda argument is particularly important in the end. they'll convict him if he lives. and if they don't give him miranda warnings, maybe they'll get more information about if there are other individual involved in this conspiracy. >> do you think that's part of it? other individuals involved? as someone who's been in the situations before, how big a concern is that, of the decisions tonight? >> sure. it's not about getting additional evidence against him. the...
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Apr 20, 2013
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he will not be given a miranda warning, won't be told about the right to remain silent. once he is physically able to answer questions, they will begin to answer questions under new federal procedure. mike isikoff is familiar with this as well, he has reported on its development, the government will invoke something called the public safety rule. it is a court ordered, judge made rule that says when there's an imminent threat to public safety, when you need to answer questions to make sure there's no additional threat, nobody else, no co-conspirator, no outstanding plots, you can ask someone questions without miranda warning and answers are admissible in court. nobody knows how long the rule will last, starts to fade the moment you invoke it, probably 48 hours is the outer limit. the questioning will be done once it begins by something called high value detainee interrogation group. this was set up by the government and it consists of members of the fbi, cia and defense department. they'll do the initial questioning. after that 48 hour or whatever how many hours of publi
he will not be given a miranda warning, won't be told about the right to remain silent. once he is physically able to answer questions, they will begin to answer questions under new federal procedure. mike isikoff is familiar with this as well, he has reported on its development, the government will invoke something called the public safety rule. it is a court ordered, judge made rule that says when there's an imminent threat to public safety, when you need to answer questions to make sure...
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Apr 22, 2013
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jon: to that end are you okay with him not being read his miranda rights? >> i am. at this point i think it's perfectly time. jenna: the 19-year-old suspect was captured friday night in watertown found hiding in a boat parked in the backyard moments after police said the trail had gone cold. molly line is live outside the hospital in boston. what do we actually know about the suspect's condition today? >> well, dzhokhar tsarnaev is still inside the hospital under heavy guard, in serious condition but table stable ae stable according to local sources here. we are expected to hear from the u.s. attorney's office possibly as early as today on charges. there are varying reports about his ability to communicate. some have said he's been able to write things down, that is not confirmed through official fbi sources or the hospital staff on hand. we know from a high-ranking lawmaker that dzhokhar suffered a gunshot wound 0 to his throat, and they are not saying at this time whether it was self-inflicted. he had a considerable blood loss in the community of watertown during
jon: to that end are you okay with him not being read his miranda rights? >> i am. at this point i think it's perfectly time. jenna: the 19-year-old suspect was captured friday night in watertown found hiding in a boat parked in the backyard moments after police said the trail had gone cold. molly line is live outside the hospital in boston. what do we actually know about the suspect's condition today? >> well, dzhokhar tsarnaev is still inside the hospital under heavy guard, in...
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it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say they haven't found any of those either but that's what they want to ask him. and this exception probably begins to expire the moment you invoke it so it's probably no good for more than a day or two but nonetheless they can do that. afterwards they'll have to give him his miranda warning and say whether he'll continue to answer questions. the justice department says even in very serious cases like this, most people in custody do continue to talk. >> pete, who's going to be interrogating this guy? >> well, during this period of the public safety exemption,
it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say...